Triloki & Another vs State Of U.P.
2013 Latest Caselaw 1993 ALL

Citation : 2013 Latest Caselaw 1993 ALL
Judgement Date : 13 May, 2013

Allahabad High Court

Triloki & Another vs State Of U.P. on 13 May, 2013

Bench: Vinod Prasad, Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 561 of 2009
 

 
Petitioner :- Triloki & Another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rakesh Kumar Tripathi,Apul Misra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri P.N. Mishra learned Senior Advocate for the appellants in Criminal Appeal No. 561 of 2009 who have been convicted in S.T. No. 583 of 2005 and have been sentenced to life imprisonment under Section 302/34 IPC and to 10 years RI in the offence under Section 307/34 IPC. Fine of Rs. 5,000/- and 2,500/- respectively has also been imposed for the above convictions.

It has been submitted that the first informant, Raj Bahadur (PW-1), in his statement-in-chief supported the prosecution case. However, in his cross examination he has categorically stated that the first information report was dictated by the 'Daroga' and was scribed by Shaligram and he has only signed it. He has further stated that he was not present on the spot and did not see the accused firing at the deceased and the injured witness.

It has further contended that PW-2 Kali Charan and PW-3 Jor Singh have turned hostile and the conviction is based on the sole testimony of PW-6 Anil Kumar.

The above factual position have not been disputed by the learned AGA.

Having considered the rival submissions, we are of the opinion that since, prima facie, the prosecution case at its very inception is rendered extremely doubtful, it is a fit case to release the appellants on bail.

Let appellants, namely, Triloki and Chandra Prakash be released on bail on their furnishing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 583 of 2005, under sections 302/34, 307/34 I.P.C., P.S. Ramgarh, District Firozabad .

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellants are allowed one month time to deposit entire amount of fine awarded to them.

Order Date :- 13.5.2013

Priyanka